State v. City of St. Augustine

235 So. 2d 1
CourtSupreme Court of Florida
DecidedApril 30, 1970
Docket39070, 39071
StatusPublished
Cited by7 cases

This text of 235 So. 2d 1 (State v. City of St. Augustine) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. City of St. Augustine, 235 So. 2d 1 (Fla. 1970).

Opinion

235 So.2d 1 (1970)

The STATE of Florida, Appellant,
v.
CITY OF ST. AUGUSTINE, Florida, Appellee, Two Cases.

Nos. 39070, 39071.

Supreme Court of Florida.

April 30, 1970.

*2 Stephen L. Boyles, State's Atty., for appellant.

Robert A. Andreu, St. Augustine, for appellee.

Frank L. Watson, Jacksonville, amicus curiae.

DREW, Justice.

These consolidated appeals from two final judgments of the trial court validating separate issues of general obligation bonds of St. Augustine, payable from ad valorem taxes, present for decision the following questions:

1. Whether the several capital projects to be funded from the bond proceeds are so unrelated that grouping them on the same ballot deprived the voter of the right to vote separately on unrelated projects. (Raised by Assignments of Error Nos. 1, 2 and 6.)
2. Whether Section 169.01, Florida Statutes 1967, requiring that bond issues be approved by a majority of votes cast in an election in which a majority of the freeholders who are qualified electors residing in the city shall participate, was repealed by Section 12(a) of Article VII of the Constitution of the State of Florida as revised in 1968. (Raised by Assignments of Error Nos. 1, 2, 3 and 7.)
3. Whether the owner of a freehold whose property is wholly exempt from taxation to retire these bonds qualifies as an owner of a freehold "not wholly exempt from taxation" under Article VII, Section 12(a) of the Constitution of the State of Florida as revised in 1968, merely because that freeholder's property is subject to a tax on some ad valorem bonds previously issued by the city. (Raised by Assignments of Error Nos. 1, 2 and 3.)

The proposition on the ballot which affords the basis for the state's contention in the first question, is:

"PROPOSITION NO. 1
"Shall the City of St. Augustine, Florida, issue $1,550,000 principal amount of general obligation bonds of said City bearing interest at not exceeding six per centum (6%) per annum, maturing not later than thirty years from the date of issuance thereof, payable from ad valorem taxes levied on all taxable property in said City without limit as to rate or amount for the purpose of financing the cost of reconstructing, renovating and restoring the Lightner Museum Building for a city hall and other city offices, including a fire truck and fire station, and the purchase of municipal radio equipment which will be installed in the new city hall and on vehicles of the City, together with any other purposes appurtenant or incidental thereto, as more specifically described and provided in the Resolution of the City Commission of said City adopted on the 24th day of March, 1969?"

*3 Generally, several separate, distinct and unrelated projects may not be combined in one ballot.[1] However, if there is some relation between several projects, especially when a single plan of financing is involved, such projects may be included in one ballot.[2] We hold that the items for which the $1,550,000 bonds are to be issued are so closely related that they constitute a single purpose and that placing them all on one ballot did not violate any substantial rights of the elector or deny to him the privilege of making an intelligent choice.

While the point is not raised here, the better procedure would be for the elector to question the sufficiency of the ballot in appropriate proceedings before — not after — the election has been held and the results proclaimed.[3]

The second and third questions present greater difficulties. The answers to both are to be found in the Constitution of Florida — 1968 Revision. Because this case is the first to appear here since the effective date of the 1968 Constitution and will be controlling in future bond elections in this state on these two vital points, the Court sua sponte appointed the Honorable Frank L. Watson of the Jacksonville Bar as Amicus Curiae. The Court expresses its appreciation to Mr. Watson for his exhaustive brief, and to Mr. Watson and able counsel for the parties for their able arguments presented at the Bar of this Court.

During The Florida Boom of the 1920's, millions of dollars in bonds were issued and sold by the various local governmental units in the state. When the boom was over, financial chaos prevailed. There were few areas in the state that did not default in their public obligations. For the purpose of preventing future irresponsible and excessive public debts, the Florida Constitution was amended in 1930 to require that all local bonds be approved at a freeholder election by a majority of the freeholders at an election participated in by a majority of the qualified freeholders in such local district.[4]

The language of the 1930 Amendment as construed by this Court in many decisions was clear and unambiguous to the effect that no local bonds payable from ad valorem taxes could lawfully be issued unless approved by a majority of the votes cast in an election in which a majority of the eligible freeholder electors participated.

Since the language of Section 12, Article VII, of the 1968 Constitution, F.S.A.[5] differs so materially in this respect from the 1930 Amendment, we must consider whether the people of Florida intended to rewrite the constitutional limitations on the subject of local bonds and whether said section of the 1968 Constitution entirely preempts all provisions of the 1885 Constitution *4 on the subject of local bond elections, the provisions of Section 10, Article XII, of the 1968 Constitution,[6] notwithstanding.

It is abundantly clear that the requirement contained in the 1930 Amendment to the 1885 Constitution that bonds must be approved by a majority of the qualified freeholder electors in an election in which a majority of such electors participated was intentionally and deliberately omitted from the 1968 Constitution.[7] The omission of *5 such language from the new Constitution must be presumed to have been intentional.[8]

The definition of the term "vote of the electors" in Section 12(d), Article X, of the 1968 Constitution[9] leaves no doubt whatever that all that is now required is that a majority of the qualified freeholders participating in the election vote in favor of the issuance of the bonds. At the oral argument in this cause, appellants, appellees and Amicus Curiae were in accord on this point. We have dealt with this problem, however, so that the question may be placed in repose by authority of an opinion of this Court in an initial interpretation of this constitutional provision.

After 1930 many bond elections in the state failed by reason of voter apathy. The major problem in the issuance of public obligations was securing participation in an election by a majority of freeholders. Failure to participate became the accepted method in many areas of defeating local bond issues. To overcome this situation the Legislature provided for the re-registration of freeholders as a basis for determining the number qualified to participate in a given bond election.[10] Such cumbersome and costly procedures were, in our judgment and we so hold, intentionally and deliberately eliminated in the Constitution of 1968 by eliminating the requirements of participation found in the 1885 Constitution.

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235 So. 2d 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-city-of-st-augustine-fla-1970.